Court : Mumbai
..... notification, the petitioner continued these workmen as contract labourers, but, there is an admission in the cross examination of the witness of ongc mr.s.r.kurup that there is no difference in working of direct employees and contract employees and that agreement with the unions in the form of memorandum of understanding giving more benefits and wages was applied to even the concerned workmen, without intervention of the contractors. ..... it is true that while relieving the sr.marine radio officer these employees involved in the reference are doing the same job (witness volunteers that ..... . if the contract is found to be not genuine but a mere camouflage, the so called contract labour will have to be treated as employees of the principal employer who shall be directed to regularise the services of the contract labour in the establishment concerned subject to the conditions as may be specified by the ..... that the learned presiding officer has referred to paras 31 to 35 of the written statement (exhibit 21) and held that though direction was given by this court and which is by way of interim relief, however, the ongc has treated the workmen concerned as their direct employees by removing the contractors ..... salary and wages of these employees were calculated and disbursed by the officers of the petitioner-ongc. ..... at present radio officer who is direct employee is getting salary of rs.10,400/- p.m ..... employees involved in this reference are assigned job which is related to me i.e of sr.marine officers .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the officer or employee in the department who got that ..... two questions were referred to this high court :- (1)whether, in the facts and circumstances of the case the tribunal was justified in holding that the seizing customs officer had adequate material to form the reasonable belief as contemplated in section 110 read with section 123 of the act, that the diamonds found in the business premises ..... even if the fact of receipt of some intelligence as disclosed is presumed to be true, none of the responsible officers have accepted, atleast on record, the responsibility of its receipt and there is no disclosure about the actual information gathered ..... , or in any area adjoining the land frontier or the coast of india an office of customs specially empowered by name in this behalf by the board, has reason to believe that any goods liable to confiscation, or any documents or things which in his opinion will be useful for or relevant to any proceedings under this act, are secreted in any place, he may authorize any officer of customs to search or may himself search for such goods, documents or things. ..... such search and for reasons best known to him, he placed the alleged material before his superior, namely, shri chandan and that officer, in turn, placed the matter before still higher authority, namely, shri chaturvedi. ..... relied upon to show reason to believe reveals that it is a note prepared by 3 officers, who have placed signatures in same line, namely, inspector(mkp), sio (vmd) and then .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the officer or employee in the department who got that ..... two questions were referred to this high court :- (1)whether, in the facts and circumstances of the case the tribunal was justified in holding that the seizing customs officer had adequate material to form the reasonable belief as contemplated in section 110 read with section 123 of the act, that the diamonds found in the business premises ..... even if the fact of receipt of some intelligence as disclosed is presumed to be true, none of the responsible officers have accepted, atleast on record, the responsibility of its receipt and there is no disclosure about the actual information gathered ..... , or in any area adjoining the land frontier or the coast of india an office of customs specially empowered by name in this behalf by the board, has reason to believe that any goods liable to confiscation, or any documents or things which in his opinion will be useful for or relevant to any proceedings under this act, are secreted in any place, he may authorize any officer of customs to search or may himself search for such goods, documents or things. ..... such search and for reasons best known to him, he placed the alleged material before his superior, namely, shri chandan and that officer, in turn, placed the matter before still higher authority, namely, shri chaturvedi. ..... note relied upon to show reason to believe reveals that it is a note prepared by 3 officers, who have placed signatures in same line, namely, inspector(mkp), sio (vmd) and .....
Tag this Judgment!Court : Mumbai
..... facts and circumstances of the case, including the length of service of the employee of about two decades, the fact that the mill was shut at the relevant time on account of the strike for which the employee cannot be blamed in absence of any material on record to indicate that the employee had actively participated in the strike, and the fact that the termination of the employee has been held to be illegal, in my view, interest of justice would be subserved if the ..... from the aforesaid observations it would be apparent that the initial burden would always be upon the employee to show that he was unemployed during the relevant period for which the relief of grant of back wages is sought, in that, there at least has to be a pleading to that effect. ..... since the employee did not remain present on that date, the enquiry proceeded ex-parte and after considering the findings of the enquiry officer, the employee was dismissed from service vide letter dated 20.1.1983. ..... the labour court found that the enquiry held against the respondent-employee (hereinafter referred to as the employee) was not fair and proper and was perverse and granted him full back wages from 18 january 1982 till superannuation with all monetary benefits. ..... it follows that 10 enquiries were conducted in haste and without intimating the enquiry officer has clearly admitted that the registered letters sent to the applicant were returned by the postal authority with remarks that the addressee was not available. .....
Tag this Judgment!Court : Mumbai
..... the beneficent provision contained in section 630 no doubt penal, has been purposely enacted by the legislature with the object of providing a summary procedure for retrieving the property of the company (a) where an officer or employee of a company wrongfully obtains possession of property of the company, or (b) where having been placed in possession of any such property during the course of his employment, wrongfully withholds possession of it after the termination of his ..... first occasion for interpretation of the above provision arose in baldevkrishna sahi's case (supra) for considering the question whether the words officer or employee existing in sub-section (1) should be interpreted to mean not only the present officers and employees of the company but also to include the past officers and employees of the company. ..... (2) the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may extend to two years. ..... our opinion, a proper construction of the section would be that the term "officer or employee" of a company in section 630 of the act would by a deeming fiction include the legal heirs and representatives of the employee or the officer concerned continuing in occupation of the property of the company after the death of the employee or the officer. 17. .....
Tag this Judgment!Court : Mumbai
..... if section 630 obliges an officer or an employee to return the property of the company, i see no reason why after his death, his heirs and legal representatives who continue to be in possession of the property of the company by virtue of they being the heirs and legal representatives of the officer or employee should be absolved of their liability to return the property to ..... arisen in the present case is whether the provisions of section 630 of the companies act can be made applicable also to the heirs and legal representatives of the officer or employee in whose charge the property of the company has been left by the deceased employee. ..... on a proper construction of the said provision, the said heirs and legal representatives would be included in the term "officer or employee of a company". ..... in such cases all those who have come in possession of the premises with the express or implied consent of the employee and have not vacated the premises would be withholding the delivery of the property to the company and, therefore, they are liable to be prosecuted under section ..... the position will be different where the erstwhile or former employee is himself not in occupation of the premises either on account of the fact that he is dead or ..... if an erstwhile or former employee is prosecuted under section 630 of the act on account of the fact that he has not vacated the premises and continues to remain in occupation of the same even after termination of his employment, in normal circumstances .....
Tag this Judgment!Court : Mumbai Aurangabad
..... such cases in which the principle of seniority as proposed to be departed from and a senior member of the staff is proposed to be retrenched when a junior member should have been retrenched, stating the special reasons therefor; (iii) the employees from aided schools, whose services are proposed to be retrenched shall be absorbed by the education officer in the case of primary and secondary schools or by the deputy director in the case of higher secondary schools and junior colleges of education. ..... (2) if any officer or employee of the government or the local authority violating the provisions of sub-section (2) of section 25, he or she shall be personally liable for a disciplinary action. ..... the rules further provide that employees from aided schools, whose services are proposed to be retrenched, shall be absorbed by the education officer or the director of education, as the case may be and such employee is also entitled to continuity as well as for payment of salary until his absorption. ..... (2) the names of the employees in aided schools, whose services stand terminated in accordance with sub-rule (1) on account of derecognition and who are not directly responsible for such derecognition, shall be taken on a waiting list by the education officer in the case of primary and secondary schools or by the deputy director in the case of higher secondary schools and junior college of education, and same shall be recommended by him to the managements of newly opened aided schools or of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... sub-clause (3) stipulates that an officer or employee against whom disciplinary proceeding has been initiated shall cease to be in service on the date of superannuation but disciplinary proceeding can continue ..... disciplinary proceedings after retirement (1) an officer or employee who is under suspension on a charge of misconduct and who attains the age of superannuation, shall be deemed to be in service even after the age of superannuation for the specific purpose or continuation and conclusion of the disciplinary proceedings and ..... rajinder lal capoor, (supra) looks into regulation 20(3)(iii) of uco bank officer employees' service regulations, 1979. ..... the pendency of preliminary inquiry, therefore, by itself is found to be not a valid ground for invoking clause 20 of uco bank officer employees' service regulations. ..... (4) the officer or employee against whom disciplinary proceedings has been initiated shall not receive any pay and/ or allowances after the date of superannuation and also not be entitled for the payment of retirement benefits till the proceeding is ..... (3) the officer or employee against whom disciplinary proceeding has been initiated shall cease to be in service on the date of superannuation but the disciplinary proceeding shall continue as if he was in service until the proceedings are concluded and final order is passed in ..... (2) the officer or employee who is under suspension shall not be eligible for any subsistence allowance for the period beyond the date of .....
Tag this Judgment!Court : Mumbai
..... (3) of the companies act, 1956, of the two scrutineers to be appointed, one shall always be a member (not being an officer or employee of the company) provided such a member is available and willing to be appointed. ..... (3) of the companies act, 1956, of the two scrutineers to be appointed, one shall always be a member (not being an officer or employee of the company) provided such a member is available and willing to be appointed. ..... (3) of the companies act, 1956, of the two scrutineers to be appointed, one shall always de a member (not being an officer or employee of the company) provided such a member is available and willing to be appointed. ..... (3) of the companies act, 1956, of the two scrutineers to be appointed, one shall always be a member (not being an officer or employee of the company) provided such a member is available and willing to be appointed. ..... (3) of the companies act, 1956, of the two scrutineers to be appointed, one shall always de a member (not being an officer or employee of the company) provided such a member is available and willing to be appointed. ..... of the companies act, 1956, of the two scrutineers to be appointed, one shall always be a member (not being an officer or employee of the company) provided such a member is available and willing to be appointed. ..... of the companies act, 1956, of the two scrutineers to be appointed, one shall always de a member (not being an officer or employee of the company) provided such a member is available and willing to be appointed. .....
Tag this Judgment!Court : Mumbai
..... while dealing with issue of taking disciplinary action against any officer or employee of the high court for any alleged lapse in relation to any judicial proceeding or an administrative matter, the concerned judge/s may take note of what may appear to be a lapse on the part of the office staff and may even direct the registry to call for an explanation from ..... court summed up the scope of article 229 of the constitution in the following words: the unequivocal purpose and obvious intention of the farmers of the constitution in enacting article 229 is that in the matter of appointments of officers and servants of a high court, it is the chief justice or his nominee who is to be the supreme authority and there can be no interference by the executive except to the limited extent that is provided in the article ..... initiation, nature, progress and outcome of disciplinary action against any officer or other employee of the high court are the sole preserve of the chief ..... no contempt action, can therefore, be taken by this court against any officer or other employee of the high court for any administrative lapse or inaction, for which a proper remedy would be of administrative reform by the chief justice or departmental action that may be taken by the chief justice in his wisdom ..... justice of andhra pradesh vs dixitulu (1979) 2 scc 34)the supreme court explained the ambit and scope of the power of chief justice to appoint officers and employees in the high courts in following words: 29. .....
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